{"id":"DUT-MI-012","kind":"duty","level":"state","jurisdiction":"Michigan","state":"MI","metro":"","industry":"","agency":"","eco":"","issuer":"Michigan Legislature (Emergency Powers of the Governor Act, 1945 PA 302; repealed by initiated law, 2021 PA 77)","authority":"Const. 1963, art. 2, sec. 9 (initiative petition adopted by the Legislature July 15 and 21, 2021)","instrument":"MCL 10.31 to 10.33 (Emergency Powers of the Governor Act), compiled-laws entry showing repeal by 2021 PA 77 effective March 30, 2022, with compiler\u0027s notes","title":"Emergency Powers of the Governor Act, 1945 PA 302: the statutory basis and misdemeanor penalty of the Governor\u0027s 2020 orders; held an unconstitutional delegation Oct. 2, 2020; repealed effective Mar. 30, 2022","dateIssued":"2021-07-21","effective":"1945","end":"Held an unconstitutional delegation of legislative power by the Michigan Supreme Court on October 2, 2020 (Ex. MI-049), with immediate effect (Ex. MI-053); repealed effective March 30, 2022","startDate":"2021-07-21","endDate":"","quarters":["2020Q2","2020Q3","2020Q4"],"types":["EMER","DUTY"],"addressees":["persons generally"],"clause":"10.31-10.33 Repealed. 2021, Act 77, Eff. Mar. 30, 2022.","enforcement":"Misdemeanor (MCL 10.33), recited in every executive order of March 10 to October 2, 2020","functions":[],"notes":"Until October 2, 2020, authorized the Governor to \u0027promulgate reasonable orders, rules, and regulations as he or she considers necessary to protect life and property,\u0027 including \u0027designation of specific zones within the area in which occupancy and use of buildings and ingress and egress of persons and vehicles may be prohibited or regulated\u0027 (MCL 10.31(1), as quoted in Ex. MI-049 at 14), and made \u0027the violation of any such orders, rules and regulations made in conformity with this act... punishable as a misdemeanor, where such order, rule or regulation states that the violation thereof shall constitute a misdemeanor\u0027 (MCL 10.33, as quoted in Ex. MI-049 at 14 n.10); every 2020 executive order so stated. Character as recorded: statutory_framework (Emergency Powers of the Governor Act, repealed 2021 PA 77; 2020 text verified via Ex. MI-049; order_penalty layer).","sourceUrl":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-302-of-1945","snapshot":"","fileExists":true,"fileBytes":102988,"grade":"primary","character":"statutory_framework","description":"","collection":"DUT-MI","url":"/library/DUT-MI-012","exhibitUrl":"/exhibit/DUT-MI-012","citation":"Michigan Legislature (Emergency Powers of the Governor Act, 1945 PA 302; repealed by initiated law, 2021 PA 77), MCL 10.31 to 10.33 (Emergency Powers of the Governor Act), compiled-laws entry showing repeal by 2021 PA 77 effective March 30, 2022, with compiler\u0027s notes (July 21, 2021) (Ex. DUT-MI-012)","stateName":"Michigan","related":["MI-049","MI-053","MI-056","DUT-MI-015"]}